[Ord. No. 726, 11-14-1989]
There is hereby created a Board of Appeals, which shall consist
of five members and a first and second alternate, each to be appointed
for a term of three years by the Board of City Commissioners. The
Board of Appeals shall address all questions of interpretation and
enforcement of the building code of the City of Williston. It is the
intent of this article that all questions of interpretation and enforcement
shall first be presented to the City Building Official and matters
shall come before the Board only upon appeal of the decision of the
City Building Official.
[Ord. No. 726, 11-14-1989]
Any person, upon receiving an adverse decision from the City
Building Official, shall have the right to bring an appeal before
the Board of Appeals. The aggrieved party, within 30 days of obtaining
the decision from the City Building Official, shall file a written
notice of appeal specifically stating the issue or issues to be raised
on the appeal. The notice of appeal shall be filed with the City Building
Official. Upon receiving such notice of appeal, the City Building
Official shall forward the notice to the chairman of the Board of
Appeals and the chairman shall promptly set a time for hearing the
appeal. The Board of Appeals shall have 30 days from the date of the
hearing to render a decision either affirming, modifying, or overturning
the original decision of the City Building Official.
[Ord. No. 726, 11-14-1989]
The Board of Appeals shall adopt rules necessary to the conduct
of its affairs and in keeping with the provisions of this article.
The rules shall be approved by the Board of City Commissioners. Meetings
shall be held at the call of the chairman and at such other times
as the Board of Appeals may determine. The chairman, or in his absence,
the acting chairman, may administer oaths and compel the attendance
of witnesses. All meetings shall be open to the public. The Board
of Appeals shall keep minutes of its proceedings, showing the vote
of each member upon each question, or if absent or failing to vote
indicating such fact, and shall keep record of its examinations and
other official actions, all of which shall be a public record and
shall be immediately filed in the office of the Board. All decisions
of the Board of Appeals shall be supported upon written findings of
fact and forwarded to the Board of City Commissioners.
[Ord. No. 726, 11-14-1989]
In exercising its powers, the Board of Appeals may, so long
as such action is in conformity with the terms of the building code,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and may make such order,
requirements, decision or determination as ought to be made, and to
that end shall have the powers of the City Building Official from
whom the appeal is taken.
The concurring vote of four members of the Board of Appeals
shall be necessary to reverse any order, requirements, decision, or
determination to the administrative official, or to decide in favor
of the applicant on any matter upon which it is required to pass under
this article, or to affect any variation in the application of the
building code of the City of Williston.
[Ord. No. 726, 11-14-1989]
Every decision of the Board of Appeals is subject to review
in the following manner:
A decision of the Board of Appeals may be appealed to the Board
of City Commissioners by either the aggrieved applicant or by any
officer, department, board, or bureau of the City. The appeal must
be filed with the City Auditor within 15 days after notice of the
decision of the Board of Appeals. The Board of City Commissioners
shall fix a time, within 30 days, for the hearing of the appeal and
shall give due notice of the hearing to the parties. The Board of
City Commissioners shall decide the appeal within a reasonable time.
Any party may appear in person or by agent or by attorney at the hearing
of the governing body on the appeal. The concurring vote of four members
of the Board of Commissioners of the City shall be necessary to reverse
the decision of the Board of Appeals, in whole or in part, or to modify
the order, decision, or determination appealed.
